To amend titles 23 and 49, United States Code, to improve national highway traffic safety through improved motor vehicle driver education and licensing programs, and for other purposes.

January 26, 2004

Mr. DEWINE introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

To amend titles 23 and 49, United States Code, to improve national highway traffic safety through improved motor vehicle driver education and licensing programs, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Driver Education and Licensing Improvement Act of 2004'.

SEC. 2. GRANTS FOR SUPPORT OF ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES.

(a) REVISED ELIGIBILITY REQUIREMENTS- Subparagraph (D) of section 410(b)(1) of title 23, United States Code, is amended to read as follows:

`(D) GRADUATED LICENSING SYSTEM- A multiple-stage graduated licensing system for young drivers that, at a minimum, authorizes the issuance of an initial license or learner's permit to a driver no earlier than the driver's 16th birthday, makes it unlawful for a person under age 21 to operate a motor vehicle with a blood alcohol concentration of .02 percent or greater, provides for a learning stage of at least six months and an intermediate stage of at least 6 months, and applies the following restrictions and features to such stages and to such other stage or stages as may be provided under State law:

`(i) A restriction that no more than 2 passengers may occupy a vehicle while it is being operated by a young driver.

`(ii) Nighttime driving restrictions applicable, at a minimum, during the hours between 10:00 o'clock post meridiem and 5:00 o'clock ante meridiem.

`(iii) Special penalties (including delays in progression through the stages of the graduated licensing system) for violations of restrictions under the system and violations of other State laws relating to operation of motor vehicles.'.

(b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect one year after the date of the enactment of this Act.

SEC. 3. NATIONAL OFFICE OF DRIVER TRAINING.

Section 105 of title 49, United States Code, is amended by adding at the end the following new subsection:

`(f)(1) There is a National Office of Driver Training in the National Highway Traffic Safety Administration.

`(2) The head of the National Office of Driver Training is the Director.

`(3) The functions of the National Office of Driver Training are as follows:

`(A) To provide States with services for coordinating the motor vehicle driver training and licensing programs of the States.

`(B) To develop and make available to the States a recommended motor vehicle driver education and licensing curriculum that incorporates the best practices in driver education and licensing, and to carry out such research (pursuant to cooperative agreements or otherwise) and undertake such other activities as the Director determines appropriate to develop and, on an ongoing basis, improve the recommended curriculum.

`(C) To provide States with technical assistance for the implementation of the motor vehicle driver education and licensing curriculum recommended under subparagraph (B).

`(D) To develop and recommend to the States methods for harmonizing the presentation of motor vehicle driver education and licensing with the requirements of multistage graduated licensing systems, including systems described in section 410(b)(1)(D) of title 23.

`(E) To provide States with financial assistance under section 30201 of this title for--

`(i) the implementation of the motor vehicle driver education and licensing curriculum recommended under subparagraph (B);

`(ii) the establishment or improved administration of multistage graduated licensing systems; and

`(iii) the support of other improvements in motor vehicle driver education and licensing programs.

`(F) To perform such other functions relating to motor vehicle driver education or licensing as the Secretary may require.'.

SEC. 4. GRANT PROGRAM FOR IMPROVEMENT OF DRIVER EDUCATION AND LICENSING.

(a) AUTHORITY- Part A of subtitle VI of title 49, United States Code, is amended by inserting after chapter 301 the following new chapter:

`CHAPTER 302--OTHER DRIVER PROGRAMS

`Sec.

`30201. Driver education and licensing: grant assistance.

`Sec. 30201. Driver education and licensing: grant assistance

`(a) AUTHORITY-

`(1) IN GENERAL- The Secretary shall carry out a program to provide States, by grant, with financial assistance to support the improvement of motor vehicle driver education programs and the establishment and improved administration of graduated licensing systems, including systems described in section 410(b)(1)(D) of title 23.

`(2) ADMINISTRATIVE OFFICE- The Secretary shall administer the program under this section through the Director of the National Office of Driver Training.

`(b) ELIGIBILITY REQUIREMENTS-

`(1) REGULATIONS- The Secretary shall prescribe in regulations the eligibility requirements, application and approval procedures and standards, and authorized uses of grant proceeds for the grant program under this section. The regulations shall, at a minimum, authorize use of grant proceeds for the following activities:

`(A) Quality assurance testing.

`(B) Improvement of motor vehicle driver education curricula.

`(C) Training of instructors for motor vehicle driver education programs.

`(D) Monitoring and evaluation of the motor vehicle driver performance of graduates of motor vehicle driver education programs.

`(E) Testing and evaluation of motor vehicle driver performance.

`(F) Public education and outreach regarding motor vehicle driver education and licensing.

`(G) Improvements with respect to State graduated licensing programs, as well as related enforcement activities.

`(2) CONSULTATION REQUIREMENT- In prescribing the regulations, the Secretary shall consult with the following:

`(A) The Administrator of the National Highway Traffic Safety Administration.

`(B) The heads of such other departments and agencies of the United States as the Secretary considers appropriate on the basis of relevant interests or expertise.

`(C) Appropriate officials of the governments of States and political subdivisions of States.

`(D) Representatives of private sector organizations recognized for relevant expertise.

`(c) MAXIMUM AMOUNT OF GRANT- The maximum amount of a grant of financial assistance for a program, project, or activity under this section may not exceed 75 percent of the total cost of such program, project, or activity.'.

(b) TIME FOR PROMULGATION OF REGULATIONS- The Secretary of Transportation shall promulgate the regulations under section 30201(b) of title 49, United States Code (as added by subsection (a)), not later than October 1, 2004.

(c) AUTHORIZATION OF APPROPRIATIONS- Funds are authorized to be appropriated for carrying out section 30201(b) of title 49, United States Code (as added by subsection (a)), for fiscal years and in amounts as follows:

(1) For fiscal year 2005, $20,000,000.

(2) For fiscal year 2006, $22,000,000.

(3) For fiscal year 2007, $24,000,000.

(4) For fiscal year 2008, $26,000,000.

(5) For fiscal year 2009, $28,000,000.

(6) For fiscal year 2010, $30,000,000.

SEC. 5. GRANT PROGRAM FOR PUBLIC AWARENESS OF ORGAN DONATION THROUGH DRIVER LICENSING PROGRAMS.

(a) AUTHORITY-

(1) IN GENERAL- Chapter 302 of title 49, United States Code (as added by section 4), is amended by adding at the end the following new section:

`SEC. 30202. ORGAN DONATION THROUGH DRIVER LICENSING: GRANT ASSISTANCE.

`(a) AUTHORITY-

`(1) IN GENERAL- The Secretary shall carry out a program to provide eligible recipients, by grant, with financial assistance to carry out campaigns to increase public awareness of, and training on, authority and procedures under State law to provide for the donation of organs through a declaration recorded on a motor vehicle driver license.

`(2) ADMINISTRATIVE OFFICE- The Secretary shall administer the program under this section through the Director of the National Office of Driver Training.

`(b) ELIGIBILITY REQUIREMENTS-

`(1) REGULATIONS- The Secretary shall prescribe in regulations the eligibility requirements, application and approval procedures and standards, and authorized uses of grant proceeds for the grant program under this section.

`(2) CONSULTATION REQUIREMENT- In prescribing the regulations, the Secretary shall consult with the following:

`(A) The Administrator of the National Highway Traffic Safety Administration.

`(B) The heads of such other departments and agencies of the United States as the Secretary considers appropriate on the basis of relevant interests or expertise.

`(C) Appropriate officials of the governments of States and political subdivisions of States.

`(D) Representatives of private sector organizations recognized for relevant expertise.'.

(2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

`30202. Organ donation through driver licensing: grant assistance.'.

(b) TIME FOR PROMULGATION OF REGULATIONS- The Secretary of Transportation shall promulgate the regulations under section 30202(b) of title 49, United States Code (as added by subsection (a)), not later than October 1, 2004.

(c) AUTHORIZATION OF APPROPRIATIONS- Funds are authorized to be appropriated for carrying out section 30201(b) of title 49, United States Code (as added by subsection (a)), for fiscal years and in amounts as follows:

(1) For fiscal year 2005, $4,000,000.

(2) For fiscal year 2006, $4,000,000.

(3) For fiscal year 2007, $4,000,000.

(4) For fiscal year 2008, $4,000,000.

(5) For fiscal year 2009, $4,000,000.

(6) For fiscal year 2010, $4,000,000.

SEC. 6. STUDY OF NATIONAL DRIVER EDUCATION STANDARDS.

(a) REQUIREMENT FOR STUDY- The Secretary of Transportation shall carry out a study to determine whether the establishment and imposition of nationwide minimum standards of motor vehicle driver education would improve national highway traffic safety.

(b) TIME FOR COMPLETION OF STUDY- The Secretary shall complete the study not later than two years after the date of the enactment of this Act.

(c) REPORT- The Secretary shall publish a report on the results of the study under this section not later than 2 years after the study is completed.

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